Preliminary notices and lien waivers from the GC's side in California

Short answer

Subs and suppliers who don't have a contract with the owner generally have to give a preliminary notice to keep their lien, stop payment notice and payment bond rights (Civil Code §8200). It's routine, not a complaint.
The notice is due within 20 days after they first furnish work. A late notice only covers work from 20 days before it was served (Civil Code §8204).
A lien waiver only works if it's in the statutory form. There are four: conditional and unconditional, each for progress and final payments (Civil Code §8132 to §8138).
Trade a conditional waiver for your check, and collect the unconditional one after the check clears.

Why a GC should care

On a private job in California, an unpaid sub or supplier can record a mechanics lien against the owner's property. So owners and lenders want proof that your subs were paid, usually as lien waivers. Getting the paperwork right keeps your own payments moving.

This guide covers private works. Public works have their own rules. It's a plain-language summary, not legal advice; talk to a construction lawyer about a real lien or dispute.

Preliminary notices: what your subs send

Before recording a lien, giving a stop payment notice, or claiming against a payment bond, a claimant generally has to give a preliminary notice to the owner, the direct contractor it works under, and the construction lender if there is one. Doing so is a condition of a valid lien (Civil Code §8200).

You, the direct contractor, have a contract with the owner. Under the same section, you only have to give preliminary notice to the construction lender, if there is one.
Laborers don't have to give one.
Your subs and their suppliers generally do, and the notice comes to you as well as the owner.

A sub's preliminary notice isn't a sign it expects trouble. It's the step the law requires to keep its rights, so expect them. File each one with the subcontract.

The 20-day rule

A preliminary notice has to be given no later than 20 days after the claimant first furnished work on the job. A sub that missed that window can still send one later, but it can then only record a lien, give a stop payment notice or claim on a payment bond for work performed within 20 days before the notice was served, and after (Civil Code §8204).

The notices show who's on your job. A notice from an unfamiliar supplier tells you your sub is buying from them, and that the supplier can look to the property if unpaid.

Lien waivers: only the statutory forms work

California is strict here. Any oral or written statement that tries to waive or weaken a lien or claim is void unless it's a waiver and release under the statute, or the claimant has actually been paid in full (Civil Code §8126). A clause in your subcontract saying the sub waives its lien rights doesn't do it.

A waiver releases the owner, lender or payment bond surety only if it's in substantially the statutory form and signed by the claimant. A conditional waiver also needs evidence of payment: the claimant's endorsement on a paid single or joint payee check, or the claimant's written acknowledgment of payment (Civil Code §8124).

The four forms

Conditional Waiver and Release on Progress Payment (§8132). Covers work through a stated date, and takes effect only when the claimant is actually paid by the bank the check is drawn on. Retention, unpaid extras and contract rights are listed as not released.
Unconditional Waiver and Release on Progress Payment (§8134). Says the claimant has been paid. Its notice warns that it's enforceable even if the claimant hasn't been paid.
Conditional Waiver and Release on Final Payment (§8136). Like the progress form, effective only when the final payment clears.
Unconditional Waiver and Release on Final Payment (§8138). Gives up the rights right away, and is enforceable even if the claimant hasn't been paid.

Use the statutory wording. A waiver not in substantially the required form is void.

A simple exchange that works

With each progress payment, get a signed conditional progress waiver from the sub, with a through date that matches the pay application and the check amount filled in.
After the check clears, ask for the unconditional progress waiver for that same amount and date.
Ask your sub for its suppliers' and lower-tier subs' waivers too, especially from anyone who sent you a preliminary notice.
At the end, trade the final payment for a conditional final waiver, then collect the unconditional final once it clears.

Never ask a sub to sign an unconditional waiver before it has been paid. The form itself tells the sub not to.

Joint checks

When a sub's supplier is worried about getting paid, one option is a check made out to both the sub and the supplier. The statute counts the claimant's endorsement on a paid joint payee check as evidence of payment for a conditional waiver (§8124). Get the joint check arrangement in writing, and still collect the supplier's waiver.

Lien deadlines to know

Your subs and suppliers have to record a lien after they stop providing work, and before the earlier of 90 days after completion or 30 days after the owner records a notice of completion or cessation (Civil Code §8414).
You, the direct contractor, record after you complete your contract, and before the earlier of 90 days after completion or 60 days after a recorded notice of completion or cessation (Civil Code §8412).
Notice of completion. An owner who records one generally has to send a copy within 10 days to the direct contractor and to claimants who gave the owner a preliminary notice. If it doesn't, the shorter deadline doesn't apply to that person. This rule doesn't apply to an owner who lives in a home with four or fewer units (Civil Code §8190).
Lawsuit deadline. A recorded lien expires unless the claimant files a lawsuit to enforce it within 90 days after recording, unless credit was extended and recorded (Civil Code §8460).

Check the sub before the paperwork

Under B&P §7031, a contractor generally can't sue to collect pay for licensed work unless it was licensed the whole time. Look the sub up on Sub Check or CSLB's Instant License Check before you pay, and see paying subs: prompt payment and retention for the deadlines that start when the owner pays you.

Checklist

Keep every preliminary noticeWith the subcontract, and note who sent it and the date.
Use the four statutory formsWord for word, from Civil Code §8132 to §8138.
Conditional for the check, unconditional after it clearsSame amount and through date.
Waivers from lower tiersAsk for them from suppliers and sub-subs who sent notices.
License checked before each paymentSave a dated copy. Full steps: how to check a CSLB license.

Common questions

Does a sub's preliminary notice mean it isn't being paid?

No. Under Civil Code §8200, subs and suppliers without a contract with the owner generally have to give a preliminary notice to keep their lien, stop payment notice and payment bond rights. It's a routine step.

What if a sub sends its preliminary notice late?

It can still send one. But under Civil Code §8204 it can only claim for work performed within 20 days before the notice was served, and after.

Can my subcontract make the sub waive its lien rights?

Not by itself. Civil Code §8126 says a statement waiving lien rights is void unless it's a statutory waiver and release or the claimant has been paid in full.

What's the difference between a conditional and an unconditional waiver?

A conditional waiver takes effect only when the payment actually clears (Civil Code §8132 and §8136). An unconditional waiver says the claimant has been paid and is enforceable even if it wasn't (§8134 and §8138). Trade the conditional one for the check.

How long does a sub have to record a lien?

After it stops providing work, and before the earlier of 90 days after completion or 30 days after the owner records a notice of completion or cessation (Civil Code §8414).

General information for California contractors, current as of November 4, 2026. It isn't legal advice; rules change, so check the official source linked above.